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Patrolman Brelo's attorney seeks gag order in chase, shooting case

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Investigators inspect the windshield of a car driven by Timothy Russell on Nov. 29, 2012. Russell and a passenger, Malissa Williams, were shot to death after a 25-minute chase. Six officers have been charged.
(Marvin Fong/The Plain Dealer)

Patrolman Michael Brelo's lawyer, Patrick D'Angelo, filed the request in Cuyahoga County Common Pleas Court on Wednesday, saying that prosecutors have violated Brelo's right to a fair trial.

County Prosecutor Timothy McGinty's office is expected to file a reply later today. It is unclear whether Judge John O'Donnell, who is handling the case, will have a hearing on the issue or simply decide based on the motions.

D'Angelo said in documents that McGinty made comments to reporters while the grand jury was hearing evidence on the chase and shootings that killed Timothy Russell and Malissa Williams on Nov. 29, 2012.

They were killed when officers fired 137 shots at their car in the parking lot of an East Cleveland middle school. Brelo fired 49 of the shots, including several after other officers had stopped firing their weapons.

D'Angelo cited McGinty's statements to a young professionals' conference in February, where he said, "It is regrettable but lessons are going to be learned.''

Brelo's lawyer also said that when McGinty announced the charges against the patrolman and five supervisors last month, the prosecutor "went above and beyond announcing the charges.''

D'Angelo said McGinty told reporters his version of the facts, "attempted to apply case law to these alleged facts and discussed legal issues. Prosecutor McGinty's job is to administer justice; it does not include the title of judge or jury.''

He said the prosecutor should keep his remarks in the courtroom, and not to newspaper and television reporters.

"The adversarial position Prosecutor McGinty has taken should be argued in a court of law and not in calculated press releases,'' D'Angelo said.

Others charged in the case are Cleveland police supervisors Patricia Coleman, Michael Donegan, Paul Wilson, Randolph Dailey and Jason Edens. They are accused of dereliction of duty, and they have pleaded not guilty. They are represented by attorneys other than D'Angelo.

Brelo, 30, has pleaded not guilty to voluntary manslaughter, a first-degree felony. If convicted, he faces six to 22 years in prison. He is free after posting 10 percent of $10,000 bond.

On Nov. 29, 2012, the chase began near the Justice Center, as officers said they believed that someone inside of Russell's speeding car had fired shots at them. Authorities later said the sound was likely the older model car backfiring.

More than 60 police cars joined the chase that reached speeds of more than 125 mph. The chase snaked through Cleveland and ended at an East Cleveland middle school, where police attempted to stop the car, but the car kept heading toward officers, according to the officers' statements.

The officers told investigators that they believed Russell and Williams had weapons. In fact, they did not. But the officers believed that the car's occupants were firing at them.

In total, 13 officers fired their weapons. They told investigators they feared for their lives. McGinty said Brelo climbed on the hood of Russell's car and fired into it at the passengers.

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